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HomeMy WebLinkAboutContract 52207 Received Date: 04/24/19 Received Time: 8:11 AM Developer and Project Information Cover Sheet: Developer Company Name: [CND-Nursery Lane,LLC Address, State,Zip Code: 3301 North I-35,Carrollton, TX, 75007 Phone&Email: 972-323-7508,tjmoore(d�ecmdev.com Authorized Signatory,Title: T J Moore,Authorized Agent Project Name: Edgewater Development Brief Description: Water, Sewer,Paving, Storm Drain, Street Lights Project Location: 220 Block of Nursey Lane Plat Case Number: FP-18-123 Plat Name: The Ridge Mapsco: Council District: 7 CFA Number: CFA18-0181 City Project Number: 101905 City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development FNCIAL RECORD CFA Official Release Date:02.20.2017 "'PTY SECRETARY Page 1 of 11 ;r OIR ,TX STANDARD COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 52207 WHEREAS, CND-Nursery Lane, LLC , ("Developer"), desires to make certain specific improvements as described below and on the exhibits attached hereto("Improvements")related to a project generally described as Edgewater Development ("Project") within the City or the extraterritorial jurisdiction of Fort Worth, Texas ("City"); and WHEREAS, the City has no obligation to participate in the cost of the Improvements or Project; and WHEREAS,any future City participation in this CIA is subject to the availability of City funds and approval by the Fort Worth City Council and shall be memorialized as an amendment to this Agreement; and WHEREAS, the Developer and the City desire to enter into this Community Facilities Agreement ("CIA" or "Agreement") in connection with the collective Improvements for the Project. NOW,THEREFORE,for and in consideration of the covenants and conditions contained herein,the City and the Developer do hereby agree as follows: General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth, as amended, is hereby incorporated into this Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder and to cause all contractors hired by Developer to comply with the Policy in connection with the work performed by said contractors. B. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy and recognizes that there shall be no reduction in the collateral until the Project has been completed and the City has officially accepted the Improvements. Developer further acknowledges that said acceptance process requires the Developer's contractor(s) City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development OFFICIAL RECORD CFA Official Release Date:02.20.2017 Page 2 of 11 CITY SECRETARY FT.. WORTH,TX to submit a signed affidavit of bills paid and consent of Surety signed by its surety to ensure the contractor has paid any sub-contractor(s) and suppliers in full. Additionally, the contractor will provide in writing that the contractor has been paid in full by Developer for all the services provided under this contract. C. Developer agrees to cause the construction of the Improvements contemplated by this Agreement and that said construction shall be completed in a good and workmanlike manner and in accordance with all City standards and the City-approved construction plans, specifications and cost estimates provided for the Project and the exhibits attached hereto. D. The following checked exhibits describe the Improvements and are incorporated herein: Water(A) C X. Sewer(A-1)JK,Paving(B) , Storm Drain(B-1) ®, Street Lights & Signs (C) . E. The Developer shall award all contracts for the construction of the Improvements in accordance with Section II,paragraph 7 of the Policy and the contracts shall be administered in conformance with paragraph 8, Section II, of the Policy. Developer shall ensure its contractor(s)pays the then-current City-established wage rates. F. For all Improvements included in this Agreement for which the Developer awards construction contract(s), Developer agrees to the following: i. To employ a construction contractor who is approved by the director of the department having jurisdiction over the infrastructure to be constructed, said contractor to meet City's requirements for being prequalified,insured, licensed and bonded to do work in public ways and/or prequalified to perform water/wastewater construction as the case may be. ii. To require its contractor to furnish to the City a payment and performance bond in the names of the City and the Developer for one hundred percent (100%) of the contract price of the infrastructure,and a maintenance bond in the name of the City for one hundred percent (100%) of the contract price of the infrastructure for a period of two (2) years from the date of final acceptance insuring the maintenance and repair of the constructed infrastructure during the term of the maintenance bond. All bonds to be furnished before work is commenced and to meet the requirements of Chapter 2253, Texas Government Code. City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development CFA Official Release Date:02.20.2017 Page 3 of 11 iii. To require the contractor(s) it hires to perform the construction work contemplated herein to provide insurance equal to or in excess of the amounts required by the City's standard specifications and contract documents for developer-awarded infrastructure construction contracts. The City shall be named as additional insured on all insurance required by said documents and same will be evidenced on the Certificate of Insurance (ACORD or other state-approved form) supplied by the contractor's insurance provider and bound in the construction contract book. iv. To require its contractor to give 48 hours advance notice of intent to commence construction to the City's Construction Services Division so that City inspection personnel will be available;to require the contractor to allow the construction to be subject to inspection at any and all times by City inspection forces,to not install or relocate any sanitary sewer, storm drain, or water pipe unless a responsible City inspector is present and gives his consent to proceed, and to make such laboratory tests of materials being used as may be required by the City. V. To require its contractor to have fully executed contract documents submitted to the City in order to schedule a Pre-Construction Meeting. The submittal should occur no less than 10 working days prior to the desired date of the meeting. No construction will commence without a City-issued Notice to Proceed to the Developer's contractor. vi. To delay connections of buildings to service lines of sewer and water mains constructed under this Agreement, if any, until said sewer and water mains and service lines have been completed to the satisfaction of the Water Department. G. Developer shall provide at its expense, unless otherwise agreed to by City, all engineering drawings and documents necessary to construct the improvements under this Agreement. H. Developer shall cause the installation or adjustment of the required utilities to serve the development or to construct the Improvements required herein. I. City shall not be responsible for payment of any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development CFA Official Release Date:02.20.2017 Page 4 of 11 J. Developer hereby releases and agrees to indemnify, defend and hold the City harmless for any inadequacies in the preliminary plans,specifications and cost estimates supplied by the Developer for this Agreement. K. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer and required for the construction of the current and future improvements provided for by this Agreement. L. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character,whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, its contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Developer, its contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. M. Developer will further require its contractors to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, suits or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from,or in any way connected with,the construction of the infrastructure contemplated herein, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. Further,Developer will require its contractors to indemnify, and hold harmless the City for any losses, damages, costs or expenses suffered by the City or caused as a result of said contractor's failure to complete the work and construct the improvements in a good and workmanlike manner, free from defects, in conformance with the Policy, and in accordance with all plans and specifications. City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development CFA Official Release Date:02.20.2017 Page 5of11 N. Upon completion of all work associated with the construction of the Improvements, Developer will assign to the City a non-exclusive right to enforce the contracts entered into by the Developer with its contractor along with an assignment of all warranties given by the contractor, whether express or implied. Further, Developer agrees that all contracts with any contractor shall include provisions granting to the City the:right to enforce such contracts as an express intended third party beneficiary of such contracts. O. Inspection and material testing fees are required as follows: i. Developer shall pay in cash water and wastewater inspection fees and material testing fees equal to two percent(2%) for a total of 4% of the developer's share of the total construction cost as stated in the construction contract. ii. Developer shall pay in cash paving and storm drain inspection fees equal to four percent (4%) and material testing fees equal to two percent(2%) for a total of 6% of the developer's share of the total construction cost as stated in the construction contract. iii. Developer shall pay in cash the total cost of streetlights or if the city is not installing the streetlights, inspection fees equal to four percent(4%) of the developer's share of the streetlight construction cost as stated in the construction contract. iv. Developer shall pay in cash the total cost of street signs. P. COMPLETION WITHIN 2 YEARS i. Developer shall complete the Improvements within two (2) years, provided, however, if construction of the Improvements has started within the two year period,the developer may request that the CFA be extended for one additional year. ii. Nothing contained herein is intended to limit the Developer's obligations under the Policy, this Agreement, its financial guarantee, its agreement with its contractor or other related agreements. iii. The City may utilize the Developer's financial guarantee submitted for this Agreement to cause the completion of the construction of the Improvements if at the end of two(2)years from the date of this Agreement(and any extension period) the Improvements have not been completed and accepted. iv. The City may utilize the Developer's financial guarantee to cause the completion of the construction of the Improvements or to cause the payment of costs for City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development CFA Official Release Date:02.20.2017 Page 6 of 11 construction of same before the expiration of two (2) years if the Developer breaches this Agreement, becomes insolvent or fails to pay costs of construction and the financial guarantee is not a Completion Agreement. If the financial guarantee is a Completion Agreement and the Developer's contractors and/or suppliers are not paid for the costs of supplies and/or construction, the contractors and/or suppliers may put a lien upon the property which is the subject of the Completion Agreement. Q. Developer acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Developer certifies that Developer's signature provides written verification to the City that Developer: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. IMMIGRATION AND NATIONALITY ACT R. Developer shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(1-9). Upon request by City, Developer shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Developer shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Developer employee who is not legally eligible to perform such services. DEVELOPER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DEVELOPER, DEVELOPER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Developer, shall have the right to immediately terminate this Agreement for violations of this provision by Developer. City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development CFA Official Release Date:02.20.2017 Page 7 of 11 Cost Summary Sheet Project Name: Edgewater Development CFA No.: CFA18-0181 City Project No.: 101905 An Engineer's Estimate of Probable Cost is acceptable. However, the construction contract price will ultimately determine the amount of CFA fees and financial guarantee. The bid price and any additional CFA payments will be required prior to scheduling a pre-construction meeting. An itemized estimate corresponding to each project-specific exhibit is required to support the following information. Items Developer's Cost A. Water and Sewer Construction 1. Water Construction $ 245,726.00 2.Sewer Construction $ 321,14-.00 Water and Sewer Construction Total $ 566,867.00 B. TPW Construction 1.Street $ 202,067.82 2.Storm Drain $ 15,122.00 3.Street Lights Installed by Developer $ 5,000.00 4. Signals $ - TPW Construction Cost Total $ 222,189.82 Total Construction Cost(excluding the fees): $ 789,056.82 Construction Fees: C. Water/Sewer Inspection Fee(2%) $ 11,331.34 D. Water/Sewer Material Testing Fee(2%) $ 11,337.34 Sub-Total for Water Construction Fees $ 22,674.68 E. TPW Inspection Fee(4%) $ 8,687.59 F. TPW Material Testing(2%) $ 4,343.80 G. Street Light Inspsection Cost $ 200.00 H. Signals Inspection Cost $ - H. Street Signs Installation Cost $ Sub-Total for TPW Construction Fees $ 13,23-.39 Total Construction Fees: $ 35,906.07 Choice Financial Guarantee Options,choose one Amount Mark one Bond=100% $ 789,05('.82 Completion Agreement=100%/Holds Plat $ 789,056.82 x Cash Escrow Water/Sanitary Sewer—125% $ 708 583.75 Cash Escrow Paving/Storm Drain=125% $ 277,737.28 Letter of Credit=125%w/2 r expiration period $ 986,321.03 City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development CFA Official Release Date:02.20.2017 Page 8 of 11 ACCORDINGLY,the City of Fort Worth and Developer have each caused this instrument to be executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH DEVELOPER CND-Nursery Lane,LLC Jesus J.Chapa(Apr 22,2019) Jesus J. Chapa Assistant City Manager I Date: Apr 22,2019 TJ Moore(Apr 22,2019) Name: T J Moore Recommended by: Title: Authorized Agent Apr 22,2019 c I 11J� Date: Evelyn Robe (Apr 22,2019) - Evelyn Roberts/Jennifer Ezernack Project Assistant Planning and Development Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Approved as to Form &Legality: administration of this contract, including ensuring all performance and reporting Richard A. NtcCracken requirements. Richard A.McCracken(Apr 22,2019) Richard A. McCracken Assistant City Attorney Jennifer Ezernack on behalf of Janie Morales(Apr 22,2019) M&C No. N/A Name: Janie Morales Date: Title: Development Manager Form 1295: N/A Al ... r ATTEST: Mary J.Kay erA r23 Mary J. Kayser/Ronald Gonzales City Secretary/Assistant City Secretary �� City ofFort Worth,Texas OFFICIAL RE� p Standard Community Facilities Agreement-Edgewater Development CITY SECRETARY CFA Official Release Date:02.20.2017 Page 9 of 11 FT. WORTH TX Check items associated with the project being undertaken. checked items must be included as Attachments to this Agreement Included Attachment ®. Attachment 1 -Changes to Standard Community Facilities Agreement Location Map Exhibit A: Water Improvements ® Exhibit A-1: Sewer Improvements ® Water and Sewer Cost Estimates Exhibit B: Paving Improvements Paving Cost Estimate Exhibit B-1: Storm Drain Improvements ® Storm Drain Cost Estimate Exhibit C: Street Lights and Signs hr provements Street Lights and Signs Cost Estimate (Remainder of Page Intentionally Left]dank) City of Fort Worth,Texas Standard Community Facilities Agreement-Edgewater Development CFA Official Release Date:02,20.2017 Page 10 of 11 ATTACHMENT"1" Changes to Standard Agreement Community Facilities Agreement City Project No. 101905 None. 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SURVEYING FIRM LS-10193824 LOCATED IN THE CITY OF FORT WORTH, TEXAS AND BEING OUT OF THE BRrrrAIN D. ALFORD SURVEY, DRA WN BY I CHECKED BY SCALE DATE JOB NUMBER ABSTRACT NO. 37 PAC CAA NTS 02/04/2019 4105-18.196 TARRANT COUNTY, TEXAS EXHI = IT " A " - WATER f rlr f'•Y • • ��, i r lot • WATER MAIN ©..-�• ._►1_AI _ ��I ►1ffiI'All III►������/ ���l��� � -.•- T�! — i ow 1_ f . �,. ,>: a�� '�.��_�-■I�,alp����:ii�.l�a�s�_11�.�.� : � ���. ����.�11-- -i raj_ r � s�'•e�! A i "Im .4 f - DEVELOPMENT• -. •. • • WORTH, WORTH,TX REG. ENGINEERING FIRM F-14439 WATER CFA EXHIBIT TX REG. SURVEYING FIRM LS-10193824 LOCATED IN THE CITY OF FORT AND BEING OUT OF THE BRITTAIN D. .•. •• NO.• • • • TEXAS EXHI : IT " A1 " - SE ER 11r c' �fix zIiIir����ir c► MIA M. .•. : ' 1%% 1 � .sir. ��' ,►,'�,r,' ,►,r� �: ���►;,►� ��r' �„r,���� I■ �rrnrr, m riimnii�.�. •j iimiiii�i w,if� �u iri� uoouuuo EDGEWATE - DEVELOPMENT • •RTH, TX 76107 817.412.7155 CITY PROJECT90 TX REG. ENGINEERING FIRM F-14439 SEWER CFA EXHIBIT TX REG. SURVEYING FIRM • LOCATED IN THE CITY OF • WORTH, • BEING OVr OF D. • �G�W� � � 11 aDpVD o pLn� V �LIV� 0 50 100 200 ® PROPOSED CONCRETE PAVEMENT PROPOSED ASPHALT RESURFACE PROPOSED CONCRETE 9DEWALK GRAPHIC SCALE IN FEET PROP. PROPOSED ASPHALT CONCRETE RESURFACING TO MATCH EXISTING PAVING PAVING LIMITS — SUMMERSB Y Y• ��_s — 19.5 i PROPOSED 5' v SIDEWALK Li - - ( � w w �. 111.5' 'e X � I � s s s KEEr fllTlfl ( PROPOSED ASPHALT y�y Y YV V RESURFACING TO MATCH EXISTING PAVING LIMITS ..mow I term - - - - - - I K ewway I . I 6100 WESTERN PLACE, SUITE toot — EDGEWATER DEVELOPMENT CITY PROJECT 101905 APacheco Koch FORT WORTH, E 7sG F 81F-14 39 PAVEMENT CFA EXHIBIT TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS-10193824 LOCATED IN THE CITY OF FORT WORTH, TEXAS AND BEING OUT OF THE BRITTAIN D. ALFORD SURVEY, DRAWN B; CHECKED BY -;CALL DALE JOB NUMBER ABSTRACT NO. 37 PAC CAA 1"=100' 02/04/2019 4105-18.196 TARRANT COUNTY, TEXAS "B" o STORK] DDR&HIM 0 >0 100 200 GRAPHIC SCALE IN FEET �) EXIST. 5'X3' RCB I ( — X-23610 „ 7 i — `SUMMERSB Y ., (ILAVE a PROP. 10' PROP. 21" PUBLIC CURB INLET STORM DRAIN. r REF IPRC PLAN ---) �•— SET FOR DETAILS o CONNECT TO r EXIST. 5'X3' RC;B .. — PROP. 10' :..__.___._.._.._....—_...._..... CURB INLET r ft DR PROP. PUBLIC STORM DRAIN. REF IPRC PLAN SET FOR DETAILS CONNECT __0 qq X ���� e a a EXIST. 5'X3' RCB 39, !p r I •�� 9 [ — d _ CONNECT TO EXIST. 48" RCP EXIST. 48" RCP X-24705 — - - - " 167 6100 WESTERN PLACE, SUITE 1001 EDGEWATER DEVELOPMENT Pacheco Koch FORT WORTH,I TX 7610F 817.1443 ss CITY PROJECT A 1905 EXHIBIT TX REG. ENGINEERING FIRM F-14439 STORM WATER CFA EXHIBIT TX REG. SURVEYING FIRM LS-10193824 LOCATED IN THE CITY OF FORT WORTH, TEXAS AND BEING OUT OF THE BRITTAIN D. ALFORD SURVEY, DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER ABSTRACT NO. 37 PAC CAA 1"=100' 02/02/2019 4105-18.196 TARRANT COUNTY, TEXAS 0 30 60 120 GRAPHIC SCALE IN FEET 1� _ I c nn An nn nn SU IRS Et I vv - ff ff -1 viv I ADD LED LIGHTING , TO PROPOSED TIMBER POLE a I InA FAA I t-7 An nn An An nA An An nA 0 1100 WESTERN PLACE, SUITE 1001 EDGEWATER DEVELOPMENT Pacheco Koch FORT WORTH, TX 76107 817.412.7155 CITY PROJECT 101905 TX REG. ENGINEERING FIRM F-14439 LIGHTING CFA EXHIBIT TX REG. SURVEYING FIRM LS-10193824 LOCATED IN THE CITY OF FORT WORTH, TEXAS AND BEING OUT OF THE BRTTTAIN D. ALFORD SURVEY, „AWN ^' CHECKED BY SCALE DA7E JOB NUMBER ABSTRACT NO. 37 PAC CAA 1"=60' 02/04/2019 4105-18.196 TARRANT COUNTY, TEXAS COMPLETION AGREEMENT—SELF FUNDED This Completion Agreement("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and CND-NURSERY LANE, a Texas Limited Liability Corporation, authorized to do business in Texas, ("Developer"), effective as of'the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 2_5 acres of land located in the City, the legal description of which tract of real property is marked Exhibit "A"—Legal Description, attached h reto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP -18-123 or FS NIA; and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement relating to the development,EDGEWATER DEVELOPMENT for WATER, SEWER, STORM DRAIN PAVING STREET LIGHTING("Improvements"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the t,=s and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth,it is hereby agreed by and between City and.Developer as follows: 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount. The City and the Developer agree that the Hard Costs(as shown on Exhibit"B")required to complete the Community Facilities in the aggregate should not exceed the sum of SEVEN HUNDRED EIGHTY-NINE THOUSAND FIFTY SIX AND EIGHTY-TWO Dollars ($789,0561Z), hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 1 of 11 the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein. City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards,the CFA, the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination. This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or(b)mutual written agreement of the Parties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits,the City shall within a reasonable time file the final plat for the Property in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the Property as provided herein is to guarantee the Developer's obligations under the CFA are completed. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 2 of 11 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following: A. A statement that the City is not holding any security to,guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; C. A requirement that each contractor contracting witli the Developer release the City from any claim that is related to the Property; and D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in(a), (b) and(c) above. 8. Miscellaneous. A. Non-Assignment of Agreement. This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: City of Fort Worth Planning&Development Department 200 Texas Street Fort Worth, Texas 76102 Attention: CFA Division Janie Morales,Development Manager Email: Janie.Morales@fortworthtexas.go�, Confirmation Number: 817-392-7810 and/or CFA Division Email: CFA@fortworthtexas.gov Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 3 of 11 City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Attention: Richard A. McCracken Assistant City Attorney Confirmation Number: 817-392-7611 (ii) Notice to the Developer shall be addressed and delivered as follows: CND-NURSERY LAM;, I A X. 3301 NORTH I-35 CARROLLTON, TX 75007 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment. This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 4 of 11 H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 5of11 Executed in quadruplicate in each entity's respective name by its duly authorized signatories effective as of the date executed by the City's City Manager or his/her designee. CITY OF FORT WORTH: DEVELOPER: CND-NURSERY LANE, LLC Jesus J.Chapa(Apr 22,2019) u Nld-dt•e- Jesus J. Chapa TJ Moore(Apr 22,2019) Assistant City Manager Name: TI Moorc. Title: Authorized Agent Date: Apr 22,2019 Date: Apr 22,2019 Approved as to Form &Legality: Contract Compliance Manager: Kichard A. Moct-acrMn By signing I acknowledge that I am the Richard A.McCracken(Apr 22,2019) person responsible for the monitoring and Richard A. McCracken administration of this contract, including Assistant City Attorney ensuring all performance and reporting requirements. ATTEST: LO .,•�/o Jennifer Ezernack on behalf of Janie Morales{Apr 22,2019j Al I� ••.1J Janie S. Morales ' 'w Planning Manager Mary J.Kayser(Apr 23, 19) 2 Mary J. Kayser City Secretary •�L'XAS M&C: Date: City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.0 . � CFA Official Release Date: 07.01.2015 OFFICIAL RECORD,r Page 6 of 11 CITY SECRETARY FT. WORTH,T � LIST OF EXHIBITS ATTACHMENT"1"-CHANGES TO STANDARD AGREEMENT EXHIBIT A- LEGAL DESCRIPTION EXHIBIT B - APPROVED BUDGET City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 7 of 11 ATTACHMENT "1" Changes to Standard Agreement Self-Funded Completion Agreement NONE City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 8 of 11 EXHIBIT A LEGAL DESCRIPTION DESCRIPTION, of a 2.526 acre tract of land situated in the Brittain D. Alford Survey,Abstract No. 37, Tarrant County, Texas; said tract being all of Lots 8-11, The Ridge, an addition to the City of Fort Worth according to the plat recorded in Volume 1316,Page 1 of the Deed Records of Tarrant County, Texas and all of Lot 19R and 20R, Block 3.R, Deavers Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D218061716 of the Official Public Records of Tarrant County, Texas; said tract also being all of those tracts of land described in General Warranty Deeds to Fort Growth Partners, LP recorded in Instrument Nos. D215181900, D215265445, D216107206 and D216268589 and all of those tracts of land described in General Warranty Deed with Vendor's Lien to BBP Properties, LLC-Fort WWV Acquisition Series recorded in Instrument No. D218033576 all of the said Official Public Records; said 2.526 acre tract being more particularly described as follows: BEGINNING, at a 5/8-inch iron rod found in the east right-of-way line of Sunset Lane(a 50-foot wide right-of-way); said point being at the northwest corner of said Lot 19R and the southwest corner of Lot 43, Sunset Ridge, an addition to the City of Fort Worth according to the plat recorded in Volume 1861, Page 527 of the said Deed Records; THENCE,North 89 degrees, 54 minutes, 54 seconds East, departing the said east line of Sunset Lane, a distance of 132.70 feet to a 5/8-inch iron rod found for corner in the west line of said Lot 20R; said point being at the southeast corner of Lot 43 and the northeast corner of said Lot 19R; THENCE,North 00 degrees, 05 minutes,06 seconds West, along the east line of said Sunset Ridge Addition,the west line of said Deavers Addition and the west line of said The Ridge, a distance of 316.24 feet to a 3/8-inch iron rod found for corner; said point being the northwest corner of said Lot 8 and the southwest corner of Lot 7, of said The Ridge; THENCE,North 89 degrees, 54 minutes, 54 seconds East, departing the said east line of Sunset Ridge Addition, a distance of 275.25 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in the west line of Nursery Lane(a variable width right-of-way); said point being the northeast corner of said Lot 8 and the southeast corner of said Lot 7; from said point an iron pipe found bears South 89 degrees, 54 minutes, 54 seconds East., a distance of 1.2 feet; THENCE, along the said west line of Nursery Lane,the east line of said The Ridge and the east line of said Deavers Addition, the following five(5)calls: South 00 degrees, 05 minutes, 06 seconds East, a distance of 300.24 feet to a 1/2-inch iron rod with"PACHECO KOCH" cap set for comer; North 89 degrees, 31 minutes, 09 seconds West, a distance of 0.70 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner; City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 9of11 South 00 degrees, 10 minutes, 46 seconds East, a distance of 34.34 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set at the beginning of a non-tangent curve to the right; In a southerly direction along said curve, having a central angle of 06 degrees, 38 minutes, 30 seconds, a radius of 125.00 feet, a chord bearing and distance of South 03 degrees, 08 minutes, 37 seconds West, 14.48 feet, an arc distance of 14.49 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set at the end of said curve; South 06 degrees, 27 minutes, 32 seconds West, a distance of 25.59 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for comer; said point being the southeast corner of said Lot 20R and the northeast comer of Lot 18R-1,of said Block 3R; THENCE,North 89 degrees, 50 minutes,46 seconds West, departing the said west line of Nursery Lane, a distance of 368.91 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for comer; said point being the northwest comer of said Lot 18R-1 and an angle point in the south line of said Lot 19R; THENCE,North 89 degrees, 59 minutes,49 seconds West, a distance of 17.76 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner in the said east line of Sunset Lane; said point being the southwest corner of said Lot 19R and being the beginning of a non-tangent curve to the right; THENCE, in a northerly direction along said curve, along the east line Sunset Lane and the west line said Lot 19R,having a central angle of 33 degrees, 22 minutes, 00 seconds, a radius of 102.97 feet, a chord bearing and distance of North 16 degrees, 41 minutes, 38 seconds West, 59.12 feet, an arc distance of 59.96 feet to the POINT OF BEGINNING; CONTAINING: 110,039 square feet or 2.526 acres of land,more or less. City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 ME CFA Official Release Date: 07.01.2015 Page 10 of 11 EXHIBIT B APPROVED BUDGET Section I Water $2457 26.00 Sewer $321.,141.00 Sub-total $566,867.00 Section II Interior Streets $202,067.82 Storm Drains $15,122:00 Sub-total $2174189.82 Section III Street Lights $55000.M Sub-total $5,000,00 TOTAL $789,04 6.82 City of Fort Worth, Texas Standard Completion Agreement—Self-Funded Revised 09.07.2017 JLE CFA Official Release Date: 07.01.2015 Page 11 of 11